A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a victim B(36 years of age) and a relative with the defendant.

At approximately 20:00 on September 24, 2019, the Defendant: (a) heard the victim’s words “D” VIP2, “D,” which is located in Seocheon-si C and C, and 3 stories and drinks with the victim, that “(victims) the marriage ceremony was why the victim gets out of the victim; (b) spacife, when the amount of money was reduced; and (c) the victim was in dispute with the victim, while the victim was in dispute with the victim, the victim spacifates the face of the Defendant one time by drinking; and (d) the Defendant’s spacife against the Defendant’s spacife by hand, thereby making the victim go beyond the victim’s threshold one time at left hand.

Ultimately, the Defendant, as seen above, suffered from the injury of bovine spongiformiform fever in front of the victim, and caused the victim to die with the cerebral typhism, around 16:00 of the 25th day of the same month while receiving treatment from the F Hospital located in Bocheon-si E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each investigation report (verification of CCTV data, verification of details of 119 reports) and accompanying documents;

1. A written autopsy report and a written autopsy and appraisal report;

1. Application of statutes on site photographs;

1. Article 259 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of an order to attend a lecture or order to provide community service;

1. Scope of punishment by law: Three to thirty years of imprisonment;

2. Where the result of death [type 3] occurs in the general injury of the victim according to the sentencing guidelines (type 3): In the event that the victim has considerable responsibility for the occurrence of the crime or the expansion of damage, the victim's failure to pay punishment [the scope of the recommendation field and the recommendation type] special mitigation area, one-year imprisonment [the scope of the recommendation type revised according to the applicable sentencing guidelines] and the minimum limit of the sentencing range recommended in the sentencing guidelines for three to four years is inconsistent with the statutory minimum limit of the applicable sentencing range.